05/03/2010 13:28 FAX 2024935142 FAA + DMS g|001/012 

& 'TiXTim 

U.S. Department Eastern Region 1 Aviation Plaza 

of Transportation Regional Counsel Jamaica, NY 11434 

Telephone: 718 553-3273 

Federal Aviation Facsimile: 718 995-5699 

Administration 

APR 1 6 2010 ,,,. ... .. 

CERTIFIED MAIL - RFTI.JRNRRCRIPT RCOUESIHD • ' ^§\j'f.: 

Federal Aviation Administration 

800 Independence Avenue, S,W. ^ = . 

Wasliington. D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

• ~ --x 'IT ' ' '~' •• r'\/'^'y'T * 

ATTN: TIFARING DOCKET CLERK 

Re: In the Matter of CUire Elaine Spearing CPICfA0^^ 3 /^^^'^'^ ^ ^ 

Docket No. 2009EA250035 

Enclosed herein please ilnd a copy of a request for hearing and the original and one 

copy of the FAA's Complaint in the above-entitled action for iiling, together whh 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the New York City, Now 

York area, and expects that the hearing will la.st one day. 

Please address all communications for the Federal Aviation Administration to the 

attention of Christian L. Lcwerenz, Office of the Regional Coiin.scl, 1 Aviation Plaza 

.Jamaica, NY 11434. 

Sincerely, 

Allred R. Johnson, Jr. 

Regional Counsel 

By. 

Christian L. Lewere 

Attorney 

Enclosures 
05/03/201 0 13:2 9 FAX 2024935142 FAA 

^ QMS 121002/012 

Ms. Clare Spearing 

703 Atlantis 

5 Parliament Street 

Hamilton HM 12 

Bermuda 

April 6, 2010 ^ 

V7A CERTIFIED MAIL 

Hearing Docket ' ^ • -u 

Federal Aviation Administration 

800 Independence Avenue. S.W. .!." :• ^ ' 

Washington, D.C. 20591 ' - ^ • -

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room 2014 

Re: Clare Elaine Spearing—Alleged Violation of 14 C.F.R. §121.575(a) 

FAA Docket No: 2009EA250035 

Dear Sir or Madam: 

I am writing in response to the Final Notice of Proposed Civil Penalty dated January 11, 2010 

("Final Notice"), which I received on March 16, 2010, as well as a Notice of Proposed Civil 

Penalty dated October 20, 2009 ("Notice"). The Final Notice proposes to impose a fine of 

$1,100 on me for drinking champagne on board Continental Airlines Flight 1660 from Bermuda 

to Newark, New Jersey on April 17, 2009 in violation of 14 C.F.R. §121.575(a). In light of the 

extenuating factors discussed below, and my sincere remorse for the incident. I respectfully 

request that no fine be issued or, alternatively, that the fine be substantially reduced. 

Alternatively, I request the opportunity to discuss this matter at an informal conference as 

described in the Notice, or a hearing if an informal conference is no longer available. 

The following is a brief explanation of the incident. 

On April 17. 2009, I arrived at the airport in a timely manner and proceeded to the gate to await 

boarding for my flight. Prior to boarding passengers for the flight, however, it was announced 

that the flight would be delayed for at least 45 minutes. In light of the delay I accompanied a 

companion to La Trattoria (a vendor at the airport), where I purchased a split of champagne at a 

cost of $40. While $40 is a lot of money. I was excited for my trip and decided to splurge. 

Just moments after having ordered the champagne, and before I could even open the bottle, I 

heard an announcement that Flight 1660 was boarding. Although confused and, to be honest, 

upset by the announcement so shortly after the delay was announced, I immediately traveled 

back to the gate for boarding. I took the champagne and a glass with me, and proceeding 

through security without incident. 

Upon arrival at the gate, I boarded the flight with my champagne and quietly took my seat. After 

takeoff. I opened the bottle and poured myself a glass of champagne. I wish to stress that I did 

not at this time have any clue that drinking the champagne was against Continental Airlines 

rules or the law. I assumed that I could drink champagne purchased in the secure area of the 

airport much as I could water or food. I know now that my assumption was incorrect. 

Soon after opening the champagne and pouring myself a drink, a flight attendant came over and 

told me that I had to relinquish the glass and bottle. Not understanding the reason that I not 
05/03/2010 13:29 FAX 2024935142 FAA - DMS 0003/01 2 

Hearing Docket 

Federal Aviation Administration 

March 30, 2010 

Page 2 

only could not drink the champagne on the flight but had to relinquish possession of the nearly 

full bottle instead of storing it in my bag, I initially refused to hand over the bottle and glass. I 

ultimately finished the small glass I had poured and handed the flight attendant both the glass 

and bottle. 

While upon reflection I wish I had handled the situation differently, the manner in which I was 

confronted by the flight attendant upset me and caused me to react. The flight attendant was 

confrontational from the moment he approached me, which put me in a defensive posture since 

I did not have any understanding of the basis for what I perceived as a verbal attack. 

Again, I wish to stress that I am now aware that my actions were improper, and I am sincerely 

rernorseful for that. I have never caused any problems on a flight before. However. I was not 

and could not reasonably be expected to have been aware of the regulations when I tioarded 

the flight, as they are not posted anywhere that I could see, nor were they provided with my 

ticket information (I checked). In light of my reasonable lack of knowledge, I believe the flight 

attendant also is at fault, as he could have advised me of the relevant regulations m a more 

amicable manner instead of verbally attacking me from the start. 

While my conduct was in apparent violation of 14 C.F.R. §121.575(a), there are several 

mitigating factors that weigh against imposing a penalty in this case: (1) Continental mistakenly 

advised that there would be a lengthy delay with boarding that prompted me to purchase the 

alcohol, (2) 1 spent a substantial amount of money on the champagne, (3) I had no knowledge of 

the relevant regulations (and through informal questioning of friends and acquaintances have 

learned that no one else I know seems to be aware of the rule either), (4) the flight attendant 

approached me in a confrontational manner instead of politely approaching me to advise of the 

relevant regulations and advising me to put the alcohol away, and (5) I have never caused any 

trouble on a flight despite my lengthy travel history and have never been in any trouble with the 

law. 

Accordingly, I respectfully request that no fine be imposed or, alternatively, that the fine be 

substantially reduced. I am available, and would prefer, to discuss this matter further at an 

informal conference as described in the Notice, or if the informal conference is not an option, at 

a hearing. It is my sincere desire to resolve this matter informally and quickly. 

Respectfully yours, 

Ms. Clare Spearing 

Cc: Christian L, Lewerenz, Esq. 

Federal Aviation Administration 

Eastern Region 

Regional Counsel 

1 Aviation Plaza 

Jamaica, New York 11434 
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U.S. DEPARTMENT OF TRANSPORl A'l ION 

FEDERAL AVIATION ADMINISTRA'flON 

OFFICE OF HEARINGS 

WASHlNGfON, DC. 

In the Mailer of Clare Elaine Spearing 

2009EA250035 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby iiles its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as 

follows: 

T 

Respondent. Clare Elaine Spearing, was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to as.sess a civil penalty in the amount of 

$1,100. On April 6, 2010, Respondent submitted a written demand for a hearing. 

11 

1. On or about April 17. 2009, you were aboard Continental Airlines 

Flight 1660 from Bermuda to Newark, New Jersey. 

2. During the flight described above you drank, an alcoholic beverage 

although Continental Airlines had not served that beverage to you. 

3. Specifically, you drank from a bottle of champagne and from a glass 

of champagne, each of which you had brought on to the aircraft. 
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4. You were asked by crewmembers more than once to not drink the 

champagne. 

5. You continued to drink the champagne anyway. 

Ill 

By reason of the foregoing facts and circumstances. Respondent violated the 

following section(s) of the Federal Aviation Regulations: 

a. Section 121.575(a), which states that no person may drink an alcoholic 

beverage aboard an aircraft unless the certificate holder operating the 

aircraft has served that beverage to him. 

IV 

1. Pursuant to 49 U.S.C, §46301(a)(5), Respondent is stibject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $1,100 is 

appropriate. 
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WIIEREFORH, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penally 

in the amount of $ 1,100. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: _ ^ 

iristian L. L(^X^ren2 

Attorney 

Federal Aviation Administration 

I Aviation Plaza 

Jamaica, NY 11434 

718 553-3273 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written 

answer to this Complaint, or a written IVTotion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 
05/03/201 0 13:2 9 FAX 202493514 2 FAA •* DMS i007/01 2 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Clare Elaine Spearing 

2009EA250035 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby Tiles its Complaint, 

pursuant to Rule 208 of the Rules of Practice (U CF.R. 13.208), and states as 

follows; 

I 

Respondent, Clare Elaine Spearing, was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to as.sess a civil penalty in the amount of 

$1,100. On April 6, 2010, Respondent submitted a written demand for a hearing. 

II 

1. On or about April 17, 2009, you were aboard Continental Airlines 

Flight 1660 from Bermuda to Newark, New Jersey. 

2. During the flight described above you drank an alcoholic beverage 

although Continental Airlines had not served that beverage to you. 

3. Specifically, you drank from a bottle of champagne and from a glass 

of champagne, each of which you had brought on to the aircraft. 
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4. You were asked by crewmembers more than once to not drink the 

champagne. 

5. You continued to drink the champagne anyway. 

Ill 

By reason of the foregoing facts and circumstances. Respondent violated the 

following section(s) of the federal Aviation Regulations: 

a. Section 121.575(a), which states that no person may drink an alcoholic 

beverage aboard an aircraft unless the certificate holder operating the 

aircraft has served that beverage to him. 

IV 

1. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject lo a civil penalty not to 

exceed $11,000 for each of the violations alleged, 

2. Under the tacts and circumstances of this case, a civil penalty of $1,100 is 

appropriate. 
05/03/2010 13:29 FAX 2024935142 FAA •> DMS 11009/012 

WHEREFORE, the FAA, by counsel, respectfiilly requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $1,100. 

Respectfiilly submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: _ 

ristian L 

Attorney 

Federal Aviation Administration 

I Aviation Pla:?;a 

Jamaica, NY 11434 

718 553-3273 

718 995-5699 

NOTE; 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R Part 13). 

The Rules of Practice provide that Respondent must file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)), 
05/03/201 0 13:29 FAX 2024935142 FAA DMS 0010/012 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as Ibllows: 

Clare Elaine Spearing 

P.O.Box 703HM11 

Bermuda, 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Flearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

Date: 6 zn % ^^^-^•'— ^ -^^j- y - ^UL : 

Marianna Perero 

Paralegal Specialist 

Federal Aviation Adminisiration 

Office of Assistant Chief Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 
05/03/201 0 13:3 0 FAX 2024935142 FAA + DMS 0011/01 2 

U.S. DbPARlMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, DC. 

', / 'i-^w 

In the Matter of Clare Elaine Spearing 

2009EA250035 

Judge Not Assigned 

NOTICE OF APPEARANCE 

i 

Complainant, Federal Aviation Administration, hereby notifies the United States 

Department of fransportation, Office of Hearings, and the Respondent, pursuant lo 

14 C.F.R. § 13.204(b), that it shall be represented in the above-stated action by the 

following attorney: 

Christian L. Lewerenz 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3273 

Facsimile: 718 995-5699 

AH communications, notices, pleadings or documents are respectfully requested to 

be forwarded as follows: 

Christian L. Lewerenz 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 
05/03/2010 13:30 FAX 2024935142 FAA > DMS 121012/012 

Jamaica, NY 11434 

Telephone: 718 553-3273 

Facsimile: 718 995-5699 

Respectfully submitted, 

Alfred R. Jolinson, Jr. 

Regional Counsel 

By: ( l^y^^y^^"'^ ^ Dated: ud/YOf 'j20/ - 0 

CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were 

placed in the United Slates mail, postage prepaid. Certified Mail - Return Receipt 

Requested addressed as follows: 

Clare Elaine Spearing 

P.O.Box 703 HM 11 

Bermuda, 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building.- Room 2014 

-. :. ; t: ;^:0 - - p 

Date: /'^iv>>,^,o.^>..->^:>^ / i .oo'X-pMarianna Perero 

Paralegal Specialist 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434